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6 Annexure
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6.1 Kiwi
4The Māori Trade Marks Advisory Committee has advised the Commissioner that they do not consider the word ‘kiwi’ to be offensive for a wide range of goods and services:
As a result, the Commissioner will not send marks incorporating the above to the Committee, unless:
- The Commissioner considers that the mark may be offensive in relation to particular goods and services; or
- The mark includes other Māori text and/or imagery
Footnote
4 Practice Guideline Amendment 2004/04, Information For Clients, Issue 31: 30 June 2004.
6.2 Geographical locations
5The Māori Trade Marks Advisory Committee has advised the Commissioner that where a Māori word in a trade mark is a geographical location in New Zealand, it does not consider such geographical locations to be offensive for a wide range of goods and services.
As a result, the Commissioner will not send marks incorporating geographical locations to the Committee, unless the mark contains:
- Any matter the Commissioner considers might be offensive or ambiguous in relation to particular goods and services;
- An Atua or Tupuna name/image;
- An association with wahi tapu - a place sacred to Māori in the traditional, spiritual, religious, ritual, or mythological sense;
- A word that that may be regarded by whānau/hapū/iwi as having mana; or
- Other Māori text and/or imagery.
Footnote
5 Practice Guideline Amendment 2005/04, Information For Clients, May 2005.
6.3 Pitau (Koru)
6The Māori Trade Marks Advisory Committee has advised the Commissioner that where a pitau (also known as koru) appears as a device in a trade mark, it does not consider such devices to be offensive for a wide range of goods and services.
As a result, the Commissioner will not send marks incorporating pitau to the Committee, unless:
- the application contains an association with genetic technologies;
- the application includes other Maori text and/or imagery; or
- the Commissioner considers that the application may be offensive in relation to particular goods and services.
Footnote
6 Practice Guideline Amendment 2006/11, IPONZ Newsletter, December 2006.
